Statutory Leave v contracted leave entitlemement

[rupert the dog]

My daughter’s other half has just been fired for misconduct. He’s appealing the decision, as although he admits contravening their rules, he feels it should have been a reprimand/final warning situation rather than the sack.

According to his contract of employment he is entitled to 30 day’s leave, plus bank holidays, and he has still 11 day’s untaken leave, which he is requesting payment for. They’ve come back and said they only have to pay him statutory leave according to the Working Time Regulations, which is 28 days, including bank hols. Surely a contract, signed and agreed by both parties, overrides the statutory position?

[Cyberprog]

Yes, they would need to abide by their agreement with regards to holiday I think, but your daughters OH would only be entitled to a pro-rata entitlement of that, so if he's taken more leave than he was entitled to in the holiday year, then those days would be deducted from anything owing.
That is unless there are any clauses in the contract concerning gross misconduct.

[anonymous-user]

Gross misconduct would repudiate the contract and extinguish entitlements arising thereunder, so unless the employee can successfully challenge the dismissal, he will not be able to insist on performance of any part of the contract.